When a marriage falls apart, couples often find themselves faced with two options: contested or uncontested divorce. A contested divorce involves going through court hearings and trials to resolve disputes over various matters, such as the division of assets, spousal and child support, and custody arrangements for their children. On the other hand, an uncontested divorce is a type of divorce where both parties agree on all the terms without having to go to court and have a judge make decisions.
Wisconsin is one of the states that allow uncontested divorce. But is it the best option for you? To help you make an informed decision that aligns with your circumstances and preferences, let’s take a closer look at the pros and cons of uncontested divorce in Wisconsin.
The Pros of Uncontested Divorce in Wisconsin
1. Faster and Less Expensive Resolution
Experiencing a divorce can drain you emotionally, financially, and time-wise. Thankfully, opting for an uncontested divorce in Wisconsin generally saves you time compared to a contested divorce, as you can avoid the lengthy court process. Finalizing an uncontested divorce typically takes around three to four months in Wisconsin, depending on how quickly the couple reaches an agreement.
By bypassing time-consuming court proceedings, you can also significantly reduce your expenses on legal fees and court costs. Rather than spending a substantial amount on the divorce process, you and your spouse can use those funds to start rebuilding your lives after the divorce.
2. Alleviated Stress Levels
Divorce, whether contested or uncontested, tends to introduce stress and emotional tolls into one’s life. However, an uncontested divorce can be less stressful since both parties are actively working together to achieve an amicable settlement without the need for a lengthy court process. Compared to a contested divorce, the stress levels during an uncontested divorce are relatively lower because both parties have already come to an agreement on the terms of the divorce.
3. Enhanced Control over the Outcome
In an uncontested divorce, the decision-making power solely rests with the couple. This means that both parties have greater control over the final outcome and are less likely to experience disappointment from a judge’s ruling in court.
The Cons of Uncontested Divorce in Wisconsin
1. Unsuitable for Complex Cases
While uncontested divorce is a suitable option for many couples, it may not be the best choice when dealing with complex issues. Uncontested divorce works best for couples facing straightforward matters, such as uncontested child custody, asset division, and spousal support. If your situation involves complex issues, such as abuse, custody conflicts, or complicated assets and debts, seeking legal counsel and going through a contested divorce proceeding may be the more appropriate route to take.
2. Dependence on Trust
Uncontested divorce relies heavily on trust between both parties. Without the presence of a third-party mediator, both parties must agree on the settlement terms. If one party breaches the agreement, the other may need to resort to a court proceeding, potentially leading to a contested divorce. Therefore, it is crucial for both parties to thoroughly grasp and comprehend the terms of the agreement and maintain a strong working relationship.
3. Lack of Legal Representation
Since both parties in an uncontested divorce are in agreement, they may feel that legal representation is unnecessary. However, this can lead to overlooking important legal points. In the absence of legal counsel, there is no advocate to safeguard the best interests of either party. Therefore, it becomes the responsibility of both parties to ensure that the agreement reached is fair and legally sound.
Final Thoughts
If you and your spouse can find common ground and agree on the terms of the divorce, uncontested divorce in Wisconsin may be the ideal option for you. It offers a faster, less stressful, and less expensive alternative to contested divorce. However, it is essential to carefully weigh the pros and cons of uncontested divorce before reaching a final decision. Take the time to evaluate your individual circumstances and determine if an uncontested divorce aligns with your needs. If you find yourself uncertain or skeptical, seeking professional legal advice from a family law attorney is recommended.